Wednesday, December 6, 2023
Vincent Ooi (Singapore Managment University, Yong Pung How School of Law) and Alvin See (Singapore Managment University, Yong Pung How School of Law) recently published, Trustees Turning Green: Risk Management and Structuring Solutions in the Context of ESG, October 2023. Provided below is an Abstract:
Whether a trustee is permitted to have regard to ethical considerations when making investment decisions has been a hotly debated topic attracting diverse views. In view of this legal uncertainty, it is unsurprising for trustees to be cautious about engaging in ESG investing, hence impeding efforts to divert more funds into sustainability causes. Against this background, this article explores a variety of structuring tools which settlors may use to empower trustees and manage associated risks while ensuring accountability to the beneficiaries.